TUC raps gov’t again over arbitration for BCGI workers

The TUC and the GBGWU yesterday rounded again on the Granger administration for not taking steps to ensure worker grievances with Russian-owned company BCGI are arbitrated.

At a press conference hosted by the Guyana Bauxite & General Workers Union (GBGWU) at the Critchlow Labour College, President of the Guyana Trades Union Congress (TUC), Lincoln Lewis reiterated that for seven years the workers have been denied their rights to be associated with a trade union.

He said over 200 workers who are attached to the Bauxite Company of Guyana Inc. (BCGI) which is co-owned by Russian Aluminum (RUSAL), are being denied their tax-free overtime of premium pay. Over 60 workers have also been dismissed over the years on grounds which have been contested.

Further, the workers have not benefitted from increases for a number of years. Lewis pointed out, “If the company dismisses them tomorrow or they are going to cut their pay, so be it, nothing can happen…” The company operates in the Upper Berbice River.

He said too that “in the case of a truck driver who has a defective truck, he may refuse to work if he is at a risk. But at the same time, he can either be suspended or dismissed. If you are sick and they feel you are not sick, you can be dismissed.”

He noted that the workers’ pleas to have collective bargaining conducted on their behalf are “consistent with article 147 of the constitution and section 23 of the Trade Union Recognition Act.”

He said that in 2012, the High Court had ruled that the Government of Guyana re-issue letters of arbitration to properly address the company by its name, BCGI instead of RUSAL. This had to be done “in order that this process can proceed … consistent with section 1 of the Guyana Labour Act.” Legal action to ensure arbitration was not able to move ahead as RUSAL had been listed as the name of the company instead of BCGI.

Lewis noted that the Ramotar administration did not act on the ruling and so far neither has the Granger administration. The Jagdeo administration had also been accused of not acting on the workers’ concerns when they came to prominence in 2007. While in opposition, APNU, which is the lead partner in the current government, had strongly condemned the PPP/C administration over the continuing breaches of workers’ rights by  BCGI. It is unclear why the APNU+AFC administration has not acted on the court ruling.

Lewis said that he and President of the GBGWU, Leslie Gonsalves attended a meeting yesterday with Minister within the Ministry of Social Protection, Keith Scott before the press conference and “we have communicated our commitment to have the Government respect the Laws of Guyana.”

He said the law states clearly that if the government orders compulsory arbitration under the labour act, it cannot be challenged in court.

He noted that BCGI had also instructed workers to sign a document addressed to the government stating that they do not want to be involved with the GBGWU in what has been described as union busting.

 

Tax-free overtime

Recently, the government took a decision to honour an agreement made for bauxite workers in 1988, where tax-free overtime had been taken away, Lewis said, and this is also being thwarted by the company.

He told reporters: “Government has invited the company and the unions to sign the document because it becomes now a condition of employment for the workers attached to BCGI but that company has refused to sign it more than one month now.”

They have stated that “they will not sign so long as the union has signed… So the workers are being denied the opportunity of tax-free premium hours.”

“What they have done there is to challenge the sovereignty of this country. They have decided that the government can make what decision it wants to make, we shall not honour it.”

He said the time has come when the unions have to put it in context and the government has to do something about it.

“You cannot expect Guyanese to conform to the law and we have a set of Russians who come here and they believe that the laws doesn’t matter to them. And every time the government remains silent on it, we will continue to see it as a threat to the sovereignty of this country. We will see it as internal aggression by a foreign company.”